Zeller v. Haupt

Citations

• 41 Pa. Super. 647
• 1910 Pa. Super. LEXIS 279

Syllabus

<p>Contract — Rescission—Notice—Evidence—Province of court and jury.</p> <p>1. Where a party discovers facts which warrant rescission of his contract, it is his duty to act promptly, and in case he elects to rescind to notify the other party without delay. What is a reasonable time, or undue delay, when the facts are undisputed, is a question of law to be determined by the court.</p> <p>2. There is no fixed rule to govern the court in determining the length of time a purchaser may reasonably detain property for an examination before rescinding the contract. It necessarily depends upon matters that are incident to the particular transaction.</p> <p>3. Where a party desires to rescind upon the ground of mistake or fraud, he must upon discovery of the fact announce his purpose and adhere to it.</p> <p>4. Where a person gives a sample order for goods, and the goods are sent to him without his having had any knowledge of the kind, quality, class or price of the articles when they were delivered to the transportation company, the purchaser is entitled to a reasonable time within which to examine'the goods, and the delay of a week in returning them and rescinding the contract, is not an unreasonable time.</p> <p>5. When a party is inveigled into signing a written contract upon the faith of a contemporaneous oral agreement which is violated as soon as it has accomplished its purpose in securing the execution of the paper, such oral agreement may always be shown when the enforcement of the paper is attempted.</p>